WEBVTT - Interview Only w/ Mark Lanier & Rahul Ravipudi - Winning A Landmark Case Against Big Tech

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<v Speaker 1>vary and rates may vary. So in March, and as

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<v Speaker 1>I talked about at the time, we got two what

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<v Speaker 1>could be landmark verdicts the big tech companies. One was

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<v Speaker 1>in New Mexico and another was in law Los Angeles.

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<v Speaker 1>And the one in Los Angeles got a lot of

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<v Speaker 1>attention because this was the first one that talked about

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<v Speaker 1>that where the where the where the lawsuit was about

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<v Speaker 1>the product themselves, not the content on social media platforms,

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<v Speaker 1>but the actual social media platform itself.

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<v Speaker 2>So there was no.

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<v Speaker 1>Hiding behind Section two thirty, which is essentially all about

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<v Speaker 1>you know, having no liability.

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<v Speaker 2>For what's published on their platforms.

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<v Speaker 1>But this was a lawsuit where Meta loss because a

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<v Speaker 1>jury found them essentially guilty of creating an addictive platform.

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<v Speaker 1>And many people have described this really as the big

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<v Speaker 1>Tobacco moment for social media. This will be the first

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<v Speaker 1>of many. This is this is a was considered a

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<v Speaker 1>Bellweather case officially. So what this means is that this,

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<v Speaker 1>along with about seven or eight other cases, once they're

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<v Speaker 1>all decided, they will be used to help decide thousands

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<v Speaker 1>of other lawsuits that are potentially brought against, whether it's Meta, snap, TikTok,

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<v Speaker 1>you name it there. I'm sure I've butchered some of this,

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<v Speaker 1>But to get into some more details on this, I've

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<v Speaker 1>got the two lead attorneys from that ground baking decision

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<v Speaker 1>in Los Angeles, Mark Lanier and Rahul Rapaputi are joining

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<v Speaker 1>me now to just talk about the cases, talk about

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<v Speaker 1>the cases are going to be trying in the next

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<v Speaker 1>few months, maybe years, and find out how long is

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<v Speaker 1>this going to take?

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<v Speaker 2>Right? If you go back into the world of.

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<v Speaker 1>Big tobacco, these are lawsuits that started in the eighties.

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<v Speaker 1>I guess the first one maybe even started before that,

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<v Speaker 1>but we really didn't get the big settlement and the

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<v Speaker 1>big regulation that came to be when government finally responded

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<v Speaker 1>until the nineties. This stuff takes years, possibly decades. And

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<v Speaker 1>so with that, let me bring up my guests, Rahul Mark,

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<v Speaker 1>good to see you.

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<v Speaker 3>Good to see you too, Chuck, and I'll light Mark

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<v Speaker 3>to this off because Mark was lead trial counsel on

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<v Speaker 3>this and Ud.

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<v Speaker 2>You're on the next one.

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<v Speaker 4>Yeah, yeah, yeah, yeah, Well Mark, go ahead.

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<v Speaker 2>And look you heard my little mini intro there.

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<v Speaker 1>I just was trying to trying to set the table

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<v Speaker 1>a little bit, and I guess the question is, you know, look,

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<v Speaker 1>I've got my own you know, I uh, you know.

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<v Speaker 2>Sometimes, you know, why do we have civil litigation?

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<v Speaker 1>Because government can't always tackle everything, and sometimes government needs

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<v Speaker 1>help identifying things they should be regulating. And this is

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<v Speaker 1>where I think civil litigation comes in. And this is

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<v Speaker 1>a we've all been demanding some better accountability on big tech,

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<v Speaker 1>and sometimes you don't get it from government, you get

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<v Speaker 1>it from lawsuits.

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<v Speaker 4>Yeah, and I got to tell you, you do not

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<v Speaker 4>fight the gargantchewan that is Meta and Google without a

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<v Speaker 4>substantial army. And so Raoul, it's nice to call me

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<v Speaker 4>lead counsel. That that's that's a misnomer. That's maybe court language.

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<v Speaker 4>But the bottom line is is Raoul has been chasing

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<v Speaker 4>this forever. In a day, he let me do some

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<v Speaker 4>of the more fun stuff while he kind of helped

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<v Speaker 4>tell me how to do it. We had other lawyers there,

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<v Speaker 4>two of my daughters. We had probably thirty or forty

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<v Speaker 4>people in this fight. Because this, I think is one

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<v Speaker 4>of the most important cases that America will see for

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<v Speaker 4>the first fifty years of the twenty twenties or the

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<v Speaker 4>two thousands that we're in. This is the tip of

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<v Speaker 4>a spear. And Raoul can say it better than me

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<v Speaker 4>because he's been in it much longer than I have.

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<v Speaker 4>But it was a brutal war we were in.

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<v Speaker 1>Chuck, let me describe this one case because I'll tell

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<v Speaker 1>you why I have connected with it so much. My

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<v Speaker 1>daughter's twenty two, and in this case of yours, Kayley,

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<v Speaker 1>who is with It's all the name that is going

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<v Speaker 1>to be referred to as she's twenty, and I just

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<v Speaker 1>want to outline some things here because I'm going to

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<v Speaker 1>be out us with you on the other side of

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<v Speaker 1>outlining it. So Kaylee begins using YouTube at age six,

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<v Speaker 1>begins using Instagram at age nine. She had two hundred

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<v Speaker 1>and eighty four videos on YouTube that she had posted before.

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<v Speaker 1>By the end of her time in elementary school, I

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<v Speaker 1>assume that's fifth grade being designed here. She testified that

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<v Speaker 1>she stopped engaging with family. She began suffering anxiety and

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<v Speaker 1>depression at approximately age ten, was later clinically diagnosed for

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<v Speaker 1>both developed body dysmorphia. She attributed constant exposure to beauty

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<v Speaker 1>filters and social comparisons on Instagram. Reported suicidal tendencies as

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<v Speaker 1>her struggles deepened. Look, all all of us had had

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<v Speaker 1>parents of young girls the sort of height of the Instagram,

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<v Speaker 1>the initial Instagram boom and snap, and I'd watch it

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<v Speaker 1>with my own daughter, and look, we would intervene every

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<v Speaker 1>once in a while, get more involved, make sure she

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<v Speaker 1>was distracted, and all these things. So I've looked at

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<v Speaker 1>this because I lived this right. I didn't live I

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<v Speaker 1>thankfully didn't have a job this addicted in either sense,

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<v Speaker 1>But I live this because you know where I'm going

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<v Speaker 1>to go here next mark, which is this debate about?

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<v Speaker 1>And I'm sure Meta in their pushback, said, hey, you

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<v Speaker 1>know there should have been more parental involvement here, So

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<v Speaker 1>let me start there. I just described what it was.

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<v Speaker 1>How did you push back on the idea that this

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<v Speaker 1>was parental challenges not about Meta and Google.

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<v Speaker 4>I've decided there's not a parent on the planet who

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<v Speaker 4>has the wherewithal to stand up against these algorithms in

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<v Speaker 4>these powerful social media addiction platforms. There's just not. So

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<v Speaker 4>you take her mother for example, her mother would not

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<v Speaker 4>let her download Instagram on her phone, but Katie figured

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<v Speaker 4>out a way to do it anyway. Because all of

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<v Speaker 4>her classmates were on it, she wanted to fit in.

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<v Speaker 4>Her mother put time limits on her phone, but Kaylee

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<v Speaker 4>figured out a way around it locked her phone up

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<v Speaker 4>in the kitchen at night. But Kaylee would wait for

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<v Speaker 4>her mother to go to sleep and she would go

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<v Speaker 4>get the phone and she would get back on it.

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<v Speaker 4>There's not a parent in the world that can handle

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<v Speaker 4>and do this right. And the sad part is Meta

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<v Speaker 4>not only knew that, but they took advantage of it

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<v Speaker 4>because Meta did this study that showed that especially children

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<v Speaker 4>who come from homes that are broken, where the money's

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<v Speaker 4>not there, where the resources aren't there, where.

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<v Speaker 2>The mayor's one parent, not two.

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<v Speaker 4>Single parent trying to work a job and raise three kids,

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<v Speaker 4>which was Kaylee's situation. The company Meta knew they were

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<v Speaker 4>more prone and likely to get addicted and to get

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<v Speaker 4>hurt by it.

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<v Speaker 3>The other thing about it, though, to add to what

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<v Speaker 3>Mark said, is when you're dealing with addiction and addiction

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<v Speaker 3>and children, it is an irreparable harm. And so there's

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<v Speaker 3>a rewiring of the brain that happens, and it happens

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<v Speaker 3>so much faster and with so much potency in a

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<v Speaker 3>child's brain than an adult's brain. And the internal research

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<v Speaker 3>that Meta did, they did studies and they found, hey,

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<v Speaker 3>once a kid's addicted, if a parent gets involved and

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<v Speaker 3>tries to intervene, it actually leads to more social media

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<v Speaker 3>use for that child. So there's no safety measures that

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<v Speaker 3>can be done once the child's addicted. There's no intervention

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<v Speaker 3>by the parents that can be done. The damage is

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<v Speaker 3>already done and it's too late. And that's that's some

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<v Speaker 3>of the stuff that lights were shined on the internal

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<v Speaker 3>documents in these cases to show what's really going on inside.

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<v Speaker 1>Let's talk about those, because I mean these internal meta

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<v Speaker 1>documents to me are this is the I mean, this

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<v Speaker 1>had this was the gold as far as you're concerned,

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<v Speaker 1>be able to like, hey, don't trust our experts on this.

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<v Speaker 1>This is not like a case where you had to

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<v Speaker 1>get your own expert witnesses in your own expert analysis.

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<v Speaker 1>You just had to say, hey, here's what you did.

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<v Speaker 1>Is this from all those leaks over the last few

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<v Speaker 1>years or was this due to discovery that you were

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<v Speaker 1>able to force them to show this stuff.

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<v Speaker 3>This was discovery. The leaks helped us conduct more discovery,

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<v Speaker 3>got it to kind of pinpoints some issues. But all

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<v Speaker 3>of this was through countless, countless documents. And this was

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<v Speaker 3>a true in the technology era. You talk about finding

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<v Speaker 3>needles and haystacks, exponential on that.

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<v Speaker 1>So this is like finding out the tobacco companies found out,

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<v Speaker 1>you know, did studies noting that nicotine was addicted.

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<v Speaker 3>Exactly, except it's not just one study, it's dozens of studies.

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<v Speaker 3>It's hundreds of studies. And so when you talk about

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<v Speaker 3>the number of smoking that exist in this case against

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<v Speaker 3>meta YouTube, TikTok and snap, it's unbelievable. And what it

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<v Speaker 3>really showed was that these companies, without any guardrails, it's

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<v Speaker 3>a race to the bottom. Whatever it is they can

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<v Speaker 3>do to maximize the attention economy and take the largest

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<v Speaker 3>market share. If a competitor is doing something that's harmful

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<v Speaker 3>to kids, they'll do it, and they'll do it with

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<v Speaker 3>more potency just so that they can maximize their market share.

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<v Speaker 4>Uck kids, If I can see Raoul said, he said

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<v Speaker 4>the smoking guns. He's making a really astute pun there,

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<v Speaker 4>because these companies actually did have smoking guns in this sense.

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<v Speaker 4>The company said, you know, we're saying publicly there's no addiction.

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<v Speaker 4>We're saying publicly there's no problem. We're saying publicly there's

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<v Speaker 4>no harm, just like tobacco did, when internally our studies

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<v Speaker 4>show that there are. And then these documents say, one

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<v Speaker 4>day people are going to see this and they're going

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<v Speaker 4>to know we are big tobacco, we are the tobacco companies.

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<v Speaker 4>So they are truly smoking guns that we found.

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<v Speaker 1>You had some leaks to you know, was there how

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<v Speaker 1>many times did you have to go back at meta

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<v Speaker 1>to say no, I think you have this surface this.

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<v Speaker 1>I mean, how did you have to pull it out

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<v Speaker 1>of them. Did they eventually just sort of like realize

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<v Speaker 1>that it's all going to leak if and it's worse

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<v Speaker 1>if it looks like they're hiding or what was your sense?

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<v Speaker 3>Well, everything's under probably the most onerous protective order. And

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<v Speaker 3>so these hundreds and thousands of documents that we have,

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<v Speaker 3>we've only been able to scratch the surface of showing

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<v Speaker 3>them in trials because of the limited time we have

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<v Speaker 3>for trial presentation. So there's so many more that are

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<v Speaker 3>going to see the light in these next sets of

0:13:04.840 --> 0:13:09.320
<v Speaker 3>Bellweather trials, which hopefully will have a large impact on

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<v Speaker 3>how people act and how these social media companies act.

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<v Speaker 3>The whistleblowers are so unbelievably important because what ends up

0:13:20.760 --> 0:13:24.480
<v Speaker 3>happening is documents say one thing, and they're crystal clear

0:13:24.520 --> 0:13:28.079
<v Speaker 3>on what they say. Witnesses come in, they try their

0:13:28.080 --> 0:13:31.960
<v Speaker 3>best to whitewash it. But when you have a former

0:13:32.120 --> 0:13:37.480
<v Speaker 3>company employee, a high level person, somebody like Arturo Behar,

0:13:37.640 --> 0:13:43.120
<v Speaker 3>who was the probably the most knowledgeable safety expert within

0:13:43.600 --> 0:13:47.400
<v Speaker 3>Meta or within the tech industry as a whole, coming

0:13:47.480 --> 0:13:51.679
<v Speaker 3>out and calling out all of the internal practices and

0:13:51.720 --> 0:13:56.480
<v Speaker 3>really the mindset at Meta of profits at the expense

0:13:56.520 --> 0:14:01.120
<v Speaker 3>of child safety's that's something that has real impact.

0:14:02.640 --> 0:14:03.760
<v Speaker 2>You know, it's interesting.

0:14:04.120 --> 0:14:10.240
<v Speaker 1>I think the hardest thing to prove is addiction, especially

0:14:10.320 --> 0:14:13.920
<v Speaker 1>if it's not an addiction that we're okay, a drug

0:14:13.920 --> 0:14:17.199
<v Speaker 1>addiction or an alcoholic alcohol addiction.

0:14:17.920 --> 0:14:19.120
<v Speaker 2>We kind of get that, and.

0:14:19.040 --> 0:14:24.920
<v Speaker 1>We're sort of we're sort of accepting the premise that

0:14:25.440 --> 0:14:27.840
<v Speaker 1>gambling can create an addiction, and we're going to have

0:14:27.880 --> 0:14:31.280
<v Speaker 1>that that that debate is starting, and I think, you know,

0:14:31.320 --> 0:14:34.080
<v Speaker 1>the question is going to be same thing, right, there's

0:14:34.080 --> 0:14:39.040
<v Speaker 1>predatory tactics that the that the these sports gaming mobile

0:14:39.040 --> 0:14:43.120
<v Speaker 1>things are using, et cetera. What is the definition of

0:14:43.160 --> 0:14:45.320
<v Speaker 1>addiction you guys used in this trial.

0:14:47.520 --> 0:14:51.720
<v Speaker 4>Well, we put on the stand the doctor that I

0:14:51.800 --> 0:14:56.360
<v Speaker 4>considered the greatest expert in the land on addiction. She

0:14:56.720 --> 0:15:01.120
<v Speaker 4>heads up the clinic. The section on addiction at Stanford

0:15:01.160 --> 0:15:05.120
<v Speaker 4>Medical School names doctor Anna Limkey. She wrote Dopamine Nation

0:15:05.760 --> 0:15:09.960
<v Speaker 4>bestseller Addiction, and she uses what she called the four seas.

0:15:10.680 --> 0:15:15.320
<v Speaker 4>But what it really boils down to is this is

0:15:15.360 --> 0:15:21.440
<v Speaker 4>someone compulsively using something where they cannot stop using it,

0:15:21.920 --> 0:15:26.800
<v Speaker 4>even when it's to the detriment of their health or

0:15:26.800 --> 0:15:31.120
<v Speaker 4>their relationships. You've got to have those elements in some

0:15:31.400 --> 0:15:37.560
<v Speaker 4>way that you define them. Someone cannot stop using something

0:15:37.960 --> 0:15:43.280
<v Speaker 4>even when it's destroying them their health or their relationships,

0:15:44.080 --> 0:15:45.000
<v Speaker 4>and that's an addiction.

0:15:45.720 --> 0:15:50.000
<v Speaker 1>What could you feel like you could point to mask this,

0:15:50.160 --> 0:15:54.320
<v Speaker 1>were you able to prove that they actually Instagram at

0:15:54.320 --> 0:15:57.840
<v Speaker 1>times made things more addictive, not less addictive.

0:15:58.600 --> 0:16:01.640
<v Speaker 4>Aout a doubt, without a doubt. And Raoul may have

0:16:01.760 --> 0:16:04.360
<v Speaker 4>better insight on this than me. But the things that

0:16:04.440 --> 0:16:07.640
<v Speaker 4>I thought really stuck out to the jurors, or the

0:16:07.680 --> 0:16:14.760
<v Speaker 4>fact that they developed these features like endless scroll, and

0:16:14.840 --> 0:16:16.960
<v Speaker 4>they have features here in the US that they don't

0:16:17.000 --> 0:16:22.000
<v Speaker 4>have overseas, so they'll ignore the age of the user.

0:16:22.960 --> 0:16:26.400
<v Speaker 4>They will sometimes not even ask for the age. YouTube

0:16:26.480 --> 0:16:28.640
<v Speaker 4>you can get on YouTube Maine and never be asked

0:16:28.640 --> 0:16:32.400
<v Speaker 4>what your age is. You can do those shorts until

0:16:32.840 --> 0:16:36.640
<v Speaker 4>you've gone through them all, which we showed would take

0:16:36.720 --> 0:16:39.800
<v Speaker 4>something on the order of three hundred and sixty eight

0:16:39.920 --> 0:16:43.120
<v Speaker 4>years of twenty four hours a day, and still you

0:16:43.120 --> 0:16:47.239
<v Speaker 4>wouldn't get through it all because they're adding millions a day.

0:16:46.960 --> 0:16:50.960
<v Speaker 4>So they put an endless scroll, they put auto play

0:16:51.240 --> 0:16:55.560
<v Speaker 4>where it plays automatically. They put a finger swipe because

0:16:55.600 --> 0:16:58.640
<v Speaker 4>it's like a slot machine where you do something physical

0:16:58.680 --> 0:17:02.160
<v Speaker 4>and you get a change. You slot machine science. They

0:17:02.360 --> 0:17:08.080
<v Speaker 4>sculpted the algorithm to trap you to be sticky. They

0:17:08.160 --> 0:17:13.359
<v Speaker 4>set any of the features that might stop addiction into

0:17:13.400 --> 0:17:17.480
<v Speaker 4>a mode where no one can access them reasonably.

0:17:17.880 --> 0:17:19.080
<v Speaker 2>So you need an example of it.

0:17:19.840 --> 0:17:23.720
<v Speaker 4>Okay, so you've got a chance to turn off an

0:17:23.880 --> 0:17:27.640
<v Speaker 4>endless scroll feature or where after thirty minutes, it'll say

0:17:27.800 --> 0:17:29.600
<v Speaker 4>you've been doing this thirty minutes, they're you sure you

0:17:29.640 --> 0:17:32.720
<v Speaker 4>want to do it? Nobody even knows that feature exists.

0:17:32.960 --> 0:17:35.359
<v Speaker 4>You've got to go navigate all of this stuff to

0:17:35.400 --> 0:17:39.840
<v Speaker 4>even find it because they don't want you to put

0:17:39.840 --> 0:17:44.040
<v Speaker 4>it into place. Remember, they only make money the longer

0:17:44.080 --> 0:17:47.120
<v Speaker 4>time you spend on it. The more time you spend,

0:17:47.359 --> 0:17:51.560
<v Speaker 4>the more money they make. So they want you. They're

0:17:52.000 --> 0:17:58.240
<v Speaker 4>an early YouTube document said, quote, our goal is not viewership,

0:17:59.480 --> 0:18:01.600
<v Speaker 4>it's a addiction close quote.

0:18:02.880 --> 0:18:07.000
<v Speaker 3>To think about this, Chuck, And what Mark said is

0:18:07.080 --> 0:18:10.600
<v Speaker 3>so on point, because why do you have to search

0:18:11.320 --> 0:18:14.040
<v Speaker 3>for a safety feature and why do you have to

0:18:14.080 --> 0:18:16.840
<v Speaker 3>search hard for it? And this was a I think

0:18:16.880 --> 0:18:20.440
<v Speaker 3>a pivotal moment in the trial. Mark asked a witness,

0:18:20.560 --> 0:18:23.320
<v Speaker 3>can we just get real for a second, when is

0:18:23.359 --> 0:18:28.679
<v Speaker 3>an addict going to look for a safety feature so

0:18:28.720 --> 0:18:32.760
<v Speaker 3>that they can use the product less. So they get you,

0:18:32.960 --> 0:18:35.840
<v Speaker 3>they get these kids addicted, and then they put this

0:18:36.320 --> 0:18:41.119
<v Speaker 3>you know, safety feature out there that's unfindable that say, look,

0:18:41.280 --> 0:18:44.600
<v Speaker 3>we're a safe company, and it really kind of shined

0:18:44.640 --> 0:18:47.920
<v Speaker 3>a light on who these folks are. But going back

0:18:47.960 --> 0:18:50.879
<v Speaker 3>to some of the things and the proof, let me

0:18:50.960 --> 0:18:55.480
<v Speaker 3>just read from you a document from Meta's well being department,

0:18:55.520 --> 0:18:59.879
<v Speaker 3>which doesn't exist anymore. Product features that are designed to

0:19:00.160 --> 0:19:07.440
<v Speaker 3>exploit insecurity or provide a dopamine rush, likes notifications, the

0:19:07.600 --> 0:19:12.680
<v Speaker 3>pull down to see the infinite scroll, etc. To increase

0:19:12.800 --> 0:19:17.919
<v Speaker 3>time spent are inherently at odds with well being and

0:19:18.040 --> 0:19:21.800
<v Speaker 3>take away from people's ability to consciously focus on activities

0:19:22.160 --> 0:19:27.120
<v Speaker 3>that add value to their lives. That's their internal document

0:19:27.240 --> 0:19:31.439
<v Speaker 3>talking about all of these design features, and they describe

0:19:31.480 --> 0:19:35.199
<v Speaker 3>them in two different ways. They call them addictive like

0:19:35.359 --> 0:19:40.359
<v Speaker 3>designs and dark patterns. Dark patterns are those things that

0:19:40.520 --> 0:19:43.160
<v Speaker 3>just manipulate you into doing something you don't even want

0:19:43.200 --> 0:19:43.399
<v Speaker 3>to do.

0:19:44.119 --> 0:19:45.920
<v Speaker 4>Like if a kid is.

0:19:46.680 --> 0:19:50.560
<v Speaker 3>Steps off of Meta and Instagram for a bit it's nighttime,

0:19:50.880 --> 0:19:52.800
<v Speaker 3>and then all of a sudden, their phone lights up

0:19:52.880 --> 0:19:57.199
<v Speaker 3>and with a notification that's meaningless. Hey, somebody wants to

0:19:57.200 --> 0:20:00.280
<v Speaker 3>be your friend. Why do you need that notification at

0:20:00.320 --> 0:20:04.560
<v Speaker 3>one in the morning. Well, once that notification comes, a

0:20:04.680 --> 0:20:07.280
<v Speaker 3>user then goes back onto the app and then they

0:20:07.280 --> 0:20:10.240
<v Speaker 3>start using it more for Instead of like ten seconds,

0:20:10.600 --> 0:20:13.439
<v Speaker 3>now they're thirty minutes to an hour and the sleep

0:20:13.480 --> 0:20:17.040
<v Speaker 3>deprivation comes. So an internal document that was used in

0:20:17.080 --> 0:20:21.879
<v Speaker 3>the trial showed a ven diagram and the dark patterns

0:20:22.400 --> 0:20:27.760
<v Speaker 3>and the addictive like designs include AutoPlay, end listen roll

0:20:28.560 --> 0:20:32.119
<v Speaker 3>and all of these notifications. These are their documents talking

0:20:32.160 --> 0:20:32.600
<v Speaker 3>about it.

0:20:35.960 --> 0:20:38.000
<v Speaker 1>This episode of the Chuck Podcast is brought to you

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<v Speaker 1>thirty percent off. And yes, I too, am a customer. Well,

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<v Speaker 1>I was at a neighbor party stand.

0:22:16.240 --> 0:22:19.119
<v Speaker 2>Outdoor, but it's crawfish boiled. And my neighbor flows all

0:22:19.119 --> 0:22:19.480
<v Speaker 2>the time.

0:22:19.880 --> 0:22:22.160
<v Speaker 1>And I was talking to his father in law, who's

0:22:22.560 --> 0:22:25.680
<v Speaker 1>I've become friendly with over the years, and he said,

0:22:26.160 --> 0:22:28.160
<v Speaker 1>you know, I got to stop watching YouTube at night.

0:22:28.200 --> 0:22:31.560
<v Speaker 1>He goes, I end up, and this is he's in

0:22:31.640 --> 0:22:35.119
<v Speaker 1>his late seventies, early eighties, and he's he goes, all

0:22:35.160 --> 0:22:38.399
<v Speaker 1>of a sudden, I'll like about nine thirty, start using YouTube.

0:22:38.400 --> 0:22:40.000
<v Speaker 1>I look up and it's one in the morning, and

0:22:40.040 --> 0:22:42.719
<v Speaker 1>he goes and suddenly I'm like, not getting enough sleep.

0:22:42.800 --> 0:22:45.040
<v Speaker 1>And he goes and I don't feel right. And this

0:22:45.119 --> 0:22:48.679
<v Speaker 1>is somebody in there, right, and he's self aware, and

0:22:48.800 --> 0:22:52.400
<v Speaker 1>yet he said he can't bring himself to turn it off.

0:22:52.440 --> 0:22:55.840
<v Speaker 2>And like I said, fully formed human being here.

0:22:56.040 --> 0:23:01.040
<v Speaker 4>So, Chuck, that is such a great example because we

0:23:01.200 --> 0:23:05.880
<v Speaker 4>had on the stand a fellow named Kristos Goudrow, who

0:23:05.960 --> 0:23:09.720
<v Speaker 4>is one of the principal architects behind that algorithm for

0:23:09.840 --> 0:23:15.040
<v Speaker 4>YouTube that sucks people in like this. And if it's

0:23:15.080 --> 0:23:19.600
<v Speaker 4>an adult, it's an adult. But when children who don't

0:23:19.640 --> 0:23:24.040
<v Speaker 4>have their brain fully developed to understand consequences get onto this,

0:23:24.640 --> 0:23:28.000
<v Speaker 4>it's even worse because those children who get robbed of

0:23:28.080 --> 0:23:34.200
<v Speaker 4>sleep now have deficient school performance, they don't learn. As

0:23:35.080 --> 0:23:40.600
<v Speaker 4>Raoul has said, it totally changes their life trajectory. It

0:23:40.640 --> 0:23:44.320
<v Speaker 4>rewires their brain. Now here's the sad part. Christus Gudrow,

0:23:44.400 --> 0:23:51.040
<v Speaker 4>who authored that algorithm in a sense, was asked, can't

0:23:51.080 --> 0:23:53.760
<v Speaker 4>we change some of this for kids? We can get

0:23:53.800 --> 0:23:57.959
<v Speaker 4>an extra nine thousand hours of sleep for kids just

0:23:58.000 --> 0:24:03.240
<v Speaker 4>in California alone if we would just make this little alteration.

0:24:04.240 --> 0:24:07.440
<v Speaker 4>And his answer was, Nah, we're not going to do that.

0:24:07.600 --> 0:24:09.640
<v Speaker 4>We're not going to do that. I mean, he's faced

0:24:09.680 --> 0:24:14.639
<v Speaker 4>with vulnerable children can get nine thousand hours more sleep

0:24:15.119 --> 0:24:19.000
<v Speaker 4>if you'll make this small tweak and he refuses to

0:24:19.040 --> 0:24:19.360
<v Speaker 4>do it.

0:24:19.760 --> 0:24:23.480
<v Speaker 3>And then just on the mindset of christ Scudrou in particular,

0:24:24.200 --> 0:24:28.880
<v Speaker 3>he was quoted as saying, it would be great if

0:24:28.920 --> 0:24:32.560
<v Speaker 3>my kids were on YouTube five to seven hours a day.

0:24:33.480 --> 0:24:36.480
<v Speaker 3>And so when you have the lead architect of YouTube

0:24:37.160 --> 0:24:41.120
<v Speaker 3>with that mindset, you know what's going to happen. Bad

0:24:41.160 --> 0:24:44.600
<v Speaker 3>things are going to happen. I want to two things

0:24:44.640 --> 0:24:49.200
<v Speaker 3>happen in your case, guys, and this first one TikTok

0:24:49.200 --> 0:24:57.240
<v Speaker 3>and snap settled. How no, I mean the jury knows this.

0:24:57.600 --> 0:25:00.840
<v Speaker 1>I mean in some ways that settlement you the guilty

0:25:00.960 --> 0:25:05.160
<v Speaker 1>verdict on Meta and YouTube and medaan Google. I mean,

0:25:05.280 --> 0:25:07.679
<v Speaker 1>if you're Meta Google, you're probably like, well, thanks for settling,

0:25:07.680 --> 0:25:08.480
<v Speaker 1>because now you've.

0:25:08.280 --> 0:25:09.960
<v Speaker 2>Made it easier.

0:25:10.000 --> 0:25:12.679
<v Speaker 1>I mean, am I just am I being too simple

0:25:12.680 --> 0:25:13.359
<v Speaker 1>minded about this?

0:25:14.280 --> 0:25:16.240
<v Speaker 4>I don't think you're being too simple minded, and I'd

0:25:16.320 --> 0:25:19.520
<v Speaker 4>love to get Rahul's inside into this. But I will

0:25:19.560 --> 0:25:24.920
<v Speaker 4>say it's a multifaceted diamond because I think it also

0:25:25.240 --> 0:25:27.000
<v Speaker 4>allows the jury to say, well, we don't need to

0:25:27.000 --> 0:25:29.960
<v Speaker 4>give all of the damages because they've already gotten some money.

0:25:30.440 --> 0:25:30.640
<v Speaker 2>Oh.

0:25:30.720 --> 0:25:34.400
<v Speaker 4>It just also allows the jury to say, wait a minute,

0:25:34.680 --> 0:25:38.520
<v Speaker 4>maybe this is Snapchat and TikTok's fault, because we do

0:25:38.560 --> 0:25:41.440
<v Speaker 4>see she spend a lot of time on those. How

0:25:41.520 --> 0:25:43.960
<v Speaker 4>on earth are you going to say it's the fault of.

0:25:44.600 --> 0:25:47.480
<v Speaker 2>Meta or it could have you think it could have

0:25:47.520 --> 0:25:48.320
<v Speaker 2>cut both ways.

0:25:48.520 --> 0:25:52.520
<v Speaker 4>Yeah, it scares us. We'd rather them not know that,

0:25:53.800 --> 0:25:57.199
<v Speaker 4>but it was such news that they knew it.

0:25:57.640 --> 0:25:59.560
<v Speaker 1>I guess I just think juries aren't going to distinguish

0:25:59.600 --> 0:26:03.199
<v Speaker 1>between the for between those four entities the way you

0:26:03.200 --> 0:26:03.640
<v Speaker 1>both think.

0:26:03.680 --> 0:26:05.040
<v Speaker 4>But maybe you know on that check.

0:26:05.119 --> 0:26:08.200
<v Speaker 3>I don't disagree with you in the sense that if

0:26:08.240 --> 0:26:10.600
<v Speaker 3>the jury got to see the evidence as to all

0:26:10.640 --> 0:26:15.120
<v Speaker 3>four defendants, it's indistinguishable, but.

0:26:15.640 --> 0:26:16.720
<v Speaker 4>One of the things.

0:26:16.440 --> 0:26:19.560
<v Speaker 3>In the trial, and we don't know how it would

0:26:19.600 --> 0:26:22.280
<v Speaker 3>play out and if it would play out differently, but

0:26:22.640 --> 0:26:27.600
<v Speaker 3>Meta and YouTube they were not blaming Snap or TikTok,

0:26:28.280 --> 0:26:32.119
<v Speaker 3>and I think if they did, that would be an

0:26:32.160 --> 0:26:35.480
<v Speaker 3>admission of guilt on their part. Right, So they took

0:26:35.520 --> 0:26:39.040
<v Speaker 3>the calculated decision of saying, we're just going to try

0:26:39.680 --> 0:26:43.359
<v Speaker 3>and get people to believe that these platforms are safe

0:26:43.359 --> 0:26:47.240
<v Speaker 3>as designed, which is a very hard lift on their part.

0:26:47.760 --> 0:26:51.199
<v Speaker 1>How much discovery did you get out of TikTok and

0:26:51.280 --> 0:26:54.640
<v Speaker 1>Snap before they settled? It was part of their motivation

0:26:54.760 --> 0:26:56.719
<v Speaker 1>to settle, not to produce some documents.

0:26:56.960 --> 0:27:00.159
<v Speaker 3>The litigation has been going for over three and a

0:27:00.160 --> 0:27:03.200
<v Speaker 3>half years. Yeah, so at the time of the first

0:27:03.280 --> 0:27:06.760
<v Speaker 3>Bellweather trial, all of the discovery has been completed against

0:27:07.080 --> 0:27:08.119
<v Speaker 3>all four defendants.

0:27:08.480 --> 0:27:11.600
<v Speaker 1>You have abbat and they just settled in this case

0:27:11.720 --> 0:27:12.800
<v Speaker 1>or are they settling.

0:27:12.440 --> 0:27:19.679
<v Speaker 2>All cases just in this case? Okay, could you use.

0:27:21.040 --> 0:27:23.560
<v Speaker 1>Any of the TikTok or Snap in this or you

0:27:23.600 --> 0:27:25.800
<v Speaker 1>could have the discovery in there or in this case

0:27:25.840 --> 0:27:28.880
<v Speaker 1>because they settled, you had to keep it just about

0:27:28.920 --> 0:27:30.360
<v Speaker 1>Meta and Google.

0:27:31.680 --> 0:27:34.479
<v Speaker 4>That's corrected just about meta in Google.

0:27:37.160 --> 0:27:40.680
<v Speaker 1>I want to get to something that Google's attorney said

0:27:40.760 --> 0:27:46.520
<v Speaker 1>after the fact, which is interesting. A Google spokesperson stated

0:27:46.560 --> 0:27:51.920
<v Speaker 1>post verdict, this case misunderstands YouTube, which is responsibly built

0:27:51.960 --> 0:28:00.600
<v Speaker 1>streaming platform, not a social media site. So well, hey, look,

0:28:01.119 --> 0:28:03.840
<v Speaker 1>you know this is the old divide and conquer strategy

0:28:03.920 --> 0:28:08.359
<v Speaker 1>right potentially, but Google's basically and this is sort of

0:28:09.680 --> 0:28:12.760
<v Speaker 1>I think of Google as a friend of mine was

0:28:13.040 --> 0:28:13.520
<v Speaker 1>active and.

0:28:15.320 --> 0:28:16.640
<v Speaker 2>Been involved this here club for.

0:28:16.560 --> 0:28:21.159
<v Speaker 1>Decades, and he used to describe BP as sort of

0:28:21.200 --> 0:28:24.679
<v Speaker 1>the oil company that apologizes for being an oil company,

0:28:25.200 --> 0:28:27.080
<v Speaker 1>Like they always like want to be the ones that like,

0:28:27.119 --> 0:28:30.160
<v Speaker 1>we care about climate change and all this stuff. Google

0:28:30.200 --> 0:28:31.879
<v Speaker 1>strikes me is that they don't like to be the

0:28:31.880 --> 0:28:34.640
<v Speaker 1>bad guy. They always are looking and if you told

0:28:34.640 --> 0:28:36.240
<v Speaker 1>me Google was going to try to find a way

0:28:36.240 --> 0:28:38.600
<v Speaker 1>to like, hey, we don't want to be lumped in

0:28:38.800 --> 0:28:47.600
<v Speaker 1>with Instagram and TikTok and snap and maybe they end

0:28:47.680 --> 0:28:52.720
<v Speaker 1>up pulling away and changing some of their behaviors sooner

0:28:52.760 --> 0:28:55.240
<v Speaker 1>than others. Are you getting a hint to that with

0:28:55.320 --> 0:28:56.760
<v Speaker 1>these next trials that are coming up or not?

0:28:57.280 --> 0:29:00.400
<v Speaker 4>I don't think so. And I'll say this that reminds

0:29:00.440 --> 0:29:07.040
<v Speaker 4>me of an Italian restaurant saying, hey, we serve pizza.

0:29:07.840 --> 0:29:12.080
<v Speaker 4>You misunderstood it. We're a pizzeria. Well, but for the

0:29:12.080 --> 0:29:15.840
<v Speaker 4>fact you also have salads, you also have pasta, you

0:29:15.880 --> 0:29:19.360
<v Speaker 4>also have tiramussou, you also have you know, a complete

0:29:19.400 --> 0:29:23.720
<v Speaker 4>Italian menu. So no, we're not going to just focus

0:29:23.760 --> 0:29:25.840
<v Speaker 4>on the pizza you serve. Do they have a video

0:29:25.840 --> 0:29:30.200
<v Speaker 4>streaming surface, yes, but they also have shorts. They also

0:29:30.280 --> 0:29:34.680
<v Speaker 4>have all sorts of recommendations, They have lights, they have comments,

0:29:34.720 --> 0:29:38.520
<v Speaker 4>they have dislikes, they send out notifications, they have endless role,

0:29:38.600 --> 0:29:42.600
<v Speaker 4>they have auto play. They're not Netflix.

0:29:43.760 --> 0:29:44.240
<v Speaker 2>Interesting.

0:29:44.720 --> 0:29:47.720
<v Speaker 1>And the thing Netflix is not a social media site

0:29:47.720 --> 0:29:51.160
<v Speaker 1>in your and they don't qualify for this right.

0:29:52.120 --> 0:29:54.760
<v Speaker 3>And the thing that drives me crazy about YouTube in

0:29:54.800 --> 0:30:02.480
<v Speaker 3>particular is what that representative said, is there forward facing misrepresentation.

0:30:03.360 --> 0:30:07.400
<v Speaker 3>And it's what I believe got them into the schools.

0:30:07.840 --> 0:30:10.680
<v Speaker 3>They inject themselves into the schools, and now kid that

0:30:10.920 --> 0:30:16.560
<v Speaker 3>really young ages are getting exposed to screens and YouTube

0:30:17.080 --> 0:30:20.640
<v Speaker 3>and YouTube which then leads to exposure to the other

0:30:20.880 --> 0:30:25.320
<v Speaker 3>social media apps. And what they started as and what

0:30:25.320 --> 0:30:30.120
<v Speaker 3>they've become with the algorithm and infinite scroll is they

0:30:30.200 --> 0:30:34.040
<v Speaker 3>become everybody else. So they wedged themselves in early on

0:30:34.120 --> 0:30:36.479
<v Speaker 3>with kids under a false premise.

0:30:36.520 --> 0:30:40.840
<v Speaker 1>And now there candy cigarettes huh, except that.

0:30:39.960 --> 0:30:43.320
<v Speaker 3>They are, and then the candy box became cigarette nicotine

0:30:43.360 --> 0:30:44.160
<v Speaker 3>in there too, so.

0:30:44.360 --> 0:30:49.720
<v Speaker 1>Right right, yeah, Well, I only look, I hear where

0:30:49.720 --> 0:30:52.000
<v Speaker 1>you guys are coming from, and I don't disagree on

0:30:52.040 --> 0:30:56.400
<v Speaker 1>how you're describing it. But going forward, what does that

0:30:56.480 --> 0:30:59.400
<v Speaker 1>tell you that they're going out? They're like, hey, hey, hey,

0:30:59.440 --> 0:31:02.120
<v Speaker 1>don't call us social media site. It's almost like, hey man,

0:31:02.160 --> 0:31:02.720
<v Speaker 1>we don't want.

0:31:02.560 --> 0:31:04.959
<v Speaker 2>To be we don't want to be labeled that, Like

0:31:05.120 --> 0:31:06.160
<v Speaker 2>that's terrible.

0:31:06.880 --> 0:31:10.880
<v Speaker 1>Yeah, it is a It is sort of saying we're

0:31:10.880 --> 0:31:13.000
<v Speaker 1>not guilty, but maybe they are. And you can go

0:31:13.040 --> 0:31:15.640
<v Speaker 1>after beta and you can go out. Please go for it,

0:31:15.680 --> 0:31:16.320
<v Speaker 1>be my guest.

0:31:16.840 --> 0:31:20.680
<v Speaker 4>Yeah. Yeah. The side joke that was running with the

0:31:20.800 --> 0:31:25.760
<v Speaker 4>lawyer for YouTube in this case is he was trying

0:31:25.880 --> 0:31:28.400
<v Speaker 4>so hard to say that they were not social media.

0:31:28.480 --> 0:31:33.200
<v Speaker 4>He was calling himself you YouTube instead of YouTube, and

0:31:33.760 --> 0:31:36.280
<v Speaker 4>that did not work. And the reason it did not

0:31:36.440 --> 0:31:41.880
<v Speaker 4>work is because there are exhaustive documents from Google and

0:31:42.080 --> 0:31:46.600
<v Speaker 4>YouTube s files that call them social media, that refer

0:31:46.680 --> 0:31:50.320
<v Speaker 4>to them as social media, that speak of their social

0:31:50.440 --> 0:31:56.480
<v Speaker 4>media platform. They're apt, they are social media. You know,

0:31:56.680 --> 0:31:59.600
<v Speaker 4>I can tell you that I'm not a human being,

0:31:59.680 --> 0:32:03.880
<v Speaker 4>that I'm I'm actually a duck. But you're looking and

0:32:04.320 --> 0:32:07.520
<v Speaker 4>I've got a birth certificate and I've got you know,

0:32:07.680 --> 0:32:11.640
<v Speaker 4>I'm a mammal. I mean, they can say all they

0:32:11.680 --> 0:32:14.200
<v Speaker 4>want to say, but the truth is the truth.

0:32:15.560 --> 0:32:18.640
<v Speaker 3>Yeah, I'm just from another YouTube document.

0:32:18.920 --> 0:32:19.920
<v Speaker 4>This is the vision.

0:32:20.560 --> 0:32:25.640
<v Speaker 3>We aspire to create an app that is addictive. And so,

0:32:25.920 --> 0:32:28.160
<v Speaker 3>you know, you look at these documents and you look

0:32:28.160 --> 0:32:32.520
<v Speaker 3>at what their their true aspiration is, and they they

0:32:32.560 --> 0:32:34.880
<v Speaker 3>can't hide from it, and none of these social media

0:32:34.920 --> 0:32:38.080
<v Speaker 3>companies can. And then it just begs the question, like

0:32:38.080 --> 0:32:41.840
<v Speaker 3>what's in a name anyways? You know, it's it's it's

0:32:41.880 --> 0:32:44.480
<v Speaker 3>obviously a bad moniker to have to be called a

0:32:44.520 --> 0:32:47.440
<v Speaker 3>social media company, but you can't hide from it by

0:32:47.440 --> 0:32:48.640
<v Speaker 3>calling yourself something else.

0:32:51.200 --> 0:32:52.600
<v Speaker 2>Mark, what was what? What did you?

0:32:52.720 --> 0:32:53.720
<v Speaker 4>Uh?

0:32:53.840 --> 0:32:56.800
<v Speaker 1>How is your experience across examining Mark Zuckerberg?

0:32:57.440 --> 0:32:58.920
<v Speaker 2>Were you nervous? Were you what?

0:32:59.000 --> 0:33:01.920
<v Speaker 1>Were you just like chomping at the bed, Like what

0:33:02.000 --> 0:33:03.640
<v Speaker 1>was your mindset going into it?

0:33:03.760 --> 0:33:07.800
<v Speaker 4>Yeah? I found him rather wooden. You know, he's had

0:33:08.160 --> 0:33:12.600
<v Speaker 4>media training for hundreds of hours before he testified he had,

0:33:13.320 --> 0:33:16.440
<v Speaker 4>you know, probably hundreds of hours with his lawyers getting

0:33:16.480 --> 0:33:20.280
<v Speaker 4>him ready, which really calls out the cross examination question,

0:33:20.920 --> 0:33:23.719
<v Speaker 4>how many hours of media training do you need to

0:33:23.760 --> 0:33:28.400
<v Speaker 4>tell the truth? I mean, do you get fifty seventy

0:33:28.440 --> 0:33:30.280
<v Speaker 4>five hours of media training before you.

0:33:30.280 --> 0:33:33.280
<v Speaker 2>Tell your fun? Such a great when did you stop

0:33:33.320 --> 0:33:34.280
<v Speaker 2>beating your wife? Question?

0:33:34.640 --> 0:33:36.000
<v Speaker 4>Yeah?

0:33:36.040 --> 0:33:38.040
<v Speaker 1>How many hours of media training doesn't take to tell

0:33:38.040 --> 0:33:40.760
<v Speaker 1>the truth? Yeah, you know, you're like, there's no answer

0:33:40.760 --> 0:33:42.120
<v Speaker 1>to that question, thanks a lot.

0:33:42.400 --> 0:33:46.560
<v Speaker 4>Yeah, yeah, yeah, so it just you know, you don't

0:33:46.560 --> 0:33:49.320
<v Speaker 4>need media training to tell your kid don't forget your

0:33:49.360 --> 0:33:52.920
<v Speaker 4>backpack on the way to school. You know, all we

0:33:53.000 --> 0:33:57.160
<v Speaker 4>need is the truth. And I found that he was

0:33:57.280 --> 0:34:01.160
<v Speaker 4>prepared for certain questions. What were they?

0:34:01.400 --> 0:34:03.240
<v Speaker 1>What did you feel like he was most prepared for?

0:34:03.840 --> 0:34:07.440
<v Speaker 1>And what were you surprised he wasn't prepared? Or do

0:34:07.480 --> 0:34:08.919
<v Speaker 1>you not want to No?

0:34:08.920 --> 0:34:13.480
<v Speaker 4>No, no, I'm fine saying it. He was clearly prepared

0:34:13.520 --> 0:34:18.120
<v Speaker 4>for how wealthy he is, because he volunteered an answer

0:34:18.160 --> 0:34:21.640
<v Speaker 4>that said, you know, but we've set up a corporation

0:34:21.840 --> 0:34:24.840
<v Speaker 4>to give money to so that it can cure cancer.

0:34:25.000 --> 0:34:29.160
<v Speaker 4>So we're just really here to cure cancer. But what

0:34:29.239 --> 0:34:33.440
<v Speaker 4>he couldn't do is he couldn't, you know, for a

0:34:33.440 --> 0:34:35.239
<v Speaker 4>guy who's supposed to be one of the smartest in

0:34:35.280 --> 0:34:37.920
<v Speaker 4>the world, and certainly in his mind maybe the smartest

0:34:37.920 --> 0:34:41.600
<v Speaker 4>in the courtroom, he couldn't handle the unusual questions like this,

0:34:43.360 --> 0:34:45.799
<v Speaker 4>mister Zuckerberg, would you agree with me? There are vulnerable

0:34:45.880 --> 0:34:48.120
<v Speaker 4>children in the world who don't come from the best homes,

0:34:48.120 --> 0:34:50.200
<v Speaker 4>whose parents aren't on the top of their game, who

0:34:50.239 --> 0:34:53.200
<v Speaker 4>don't have all the money, who may have a learning disability,

0:34:53.480 --> 0:34:57.040
<v Speaker 4>who may not be social misfits. Those vulnerable children are

0:34:57.040 --> 0:35:00.319
<v Speaker 4>in the world, right right. They're in America, right right,

0:35:00.600 --> 0:35:04.560
<v Speaker 4>They're in California, right right, They're in our neighborhoods, right right.

0:35:05.000 --> 0:35:06.600
<v Speaker 4>And then I said, it seems to me there are

0:35:06.640 --> 0:35:11.680
<v Speaker 4>three ways we can approach those vulnerable children. One, ignore

0:35:11.719 --> 0:35:17.440
<v Speaker 4>them outside, out of mind, not not problem. Two, we

0:35:17.480 --> 0:35:21.280
<v Speaker 4>can help them. We can volunteer at the temples, the churches,

0:35:21.360 --> 0:35:25.680
<v Speaker 4>the synagogues, the school groups, big brother, big sister, library

0:35:25.760 --> 0:35:28.759
<v Speaker 4>reading programs. We can go out of our way to

0:35:28.800 --> 0:35:31.839
<v Speaker 4>help the vulnerable children. Fair, fair, I said, But there's

0:35:31.880 --> 0:35:35.920
<v Speaker 4>a third option. We can look at those vulnerable children

0:35:35.960 --> 0:35:38.440
<v Speaker 4>and see a dollar sign on their back if we

0:35:38.520 --> 0:35:42.239
<v Speaker 4>trample on them. We can enrich ourselves upon them, we

0:35:42.280 --> 0:35:46.279
<v Speaker 4>can pray upon them to feed our bank accounts. Now,

0:35:46.280 --> 0:35:51.000
<v Speaker 4>why didn't met choose option three? And his reaction is,

0:35:51.120 --> 0:35:53.319
<v Speaker 4>you know, it was, oh, I don't think we did.

0:35:53.400 --> 0:35:56.320
<v Speaker 4>And I said, well, that's why we've got these documents.

0:35:56.400 --> 0:35:58.320
<v Speaker 4>Now let's look at them and see if you didn't

0:35:58.360 --> 0:36:00.640
<v Speaker 4>do that. And so we started with the documents.

0:36:02.160 --> 0:36:06.400
<v Speaker 1>So Raoul bell Weather case. Not everybody understands what this means. So,

0:36:07.520 --> 0:36:09.160
<v Speaker 1>you know, let me just paint the picture. There's a

0:36:09.239 --> 0:36:12.280
<v Speaker 1>ton of people filed lawsuits against the big tech companies

0:36:12.680 --> 0:36:14.560
<v Speaker 1>on some form of this. Right, what is there some

0:36:14.600 --> 0:36:18.120
<v Speaker 1>twenty three hundred cases, a little over three thousand. Now

0:36:18.120 --> 0:36:22.759
<v Speaker 1>we're over three thousand cases. So what has happened that

0:36:22.920 --> 0:36:25.799
<v Speaker 1>put it into a situation where there's a quote bell Weather.

0:36:25.880 --> 0:36:27.839
<v Speaker 1>So there's three thousand cases. They're not going to hear

0:36:27.880 --> 0:36:31.880
<v Speaker 1>all three thousand cases. Correct, Well, I would like to

0:36:31.880 --> 0:36:35.960
<v Speaker 1>believe that. But the way the way the court system

0:36:36.040 --> 0:36:40.400
<v Speaker 1>is set up here in California, thousands of cases are filed,

0:36:40.600 --> 0:36:43.359
<v Speaker 1>they all end up in front of one courtroom, in

0:36:43.400 --> 0:36:46.600
<v Speaker 1>front of one judge, and that judge is Carolyn Cole.

0:36:46.640 --> 0:36:50.160
<v Speaker 1>Here in the Los Angeles Superior Court, and she needs

0:36:50.200 --> 0:36:53.600
<v Speaker 1>to manage these thousands of cases and try to get

0:36:53.640 --> 0:36:59.959
<v Speaker 1>them in a position of efficiently getting tried, resolved whatever right.

0:37:01.280 --> 0:37:04.000
<v Speaker 1>And the way that she wanted to do that is

0:37:04.040 --> 0:37:07.440
<v Speaker 1>through a bell Weather trial process. So while all the

0:37:07.520 --> 0:37:12.520
<v Speaker 1>discovery depositions, documents are being produced, on the other side

0:37:12.560 --> 0:37:16.239
<v Speaker 1>of it, there's hundreds, if not thousands of plaintiffs with

0:37:16.560 --> 0:37:20.319
<v Speaker 1>data they're called plaintiffact sheets that are provided so that

0:37:20.360 --> 0:37:23.400
<v Speaker 1>the judge and the parties can look and go what

0:37:23.480 --> 0:37:27.960
<v Speaker 1>are the similarities between the claims, the usage, the injuries,

0:37:28.400 --> 0:37:34.280
<v Speaker 1>et cetera, and then decide what would be maybe representative

0:37:34.320 --> 0:37:40.480
<v Speaker 1>cases as to what's a a very powerful case and

0:37:40.719 --> 0:37:43.800
<v Speaker 1>maybe a little less powerful case and everything in between.

0:37:44.320 --> 0:37:48.280
<v Speaker 1>And so Judge Cole went through that exercise. The parties

0:37:48.320 --> 0:37:51.320
<v Speaker 1>then talked about the cases and then selected nine cases

0:37:51.800 --> 0:37:56.439
<v Speaker 1>that she thought in total would have characteristics that would

0:37:56.480 --> 0:38:00.000
<v Speaker 1>represent the other two nine hundred and ninety one case.

0:38:00.719 --> 0:38:02.960
<v Speaker 1>And how did she decide in the nine in consultation

0:38:03.120 --> 0:38:05.200
<v Speaker 1>with defense and plane off here.

0:38:06.200 --> 0:38:10.640
<v Speaker 3>Correct, correct, And it's not necessarily by agreement, So.

0:38:10.920 --> 0:38:14.040
<v Speaker 2>It's like selection of a jury. You get like no, no, yes,

0:38:14.200 --> 0:38:14.640
<v Speaker 2>or you.

0:38:14.600 --> 0:38:18.560
<v Speaker 3>Know exactly executed. Jury selection is a misnomer. It's just

0:38:18.680 --> 0:38:21.000
<v Speaker 3>de selection. You're you're left with what's left there.

0:38:21.440 --> 0:38:23.400
<v Speaker 1>Yeah, you don't get to pick who you want, but

0:38:23.480 --> 0:38:27.440
<v Speaker 1>you can eliminate who you really don't want exactly exactly.

0:38:27.880 --> 0:38:30.640
<v Speaker 3>And so it's really in the judges call on these cases,

0:38:30.680 --> 0:38:32.759
<v Speaker 3>and that's how she picked up.

0:38:32.800 --> 0:38:34.960
<v Speaker 1>And these are all in Los Angeles because the companies

0:38:35.000 --> 0:38:39.759
<v Speaker 1>are based in California. Correct, So these I believe Kayley

0:38:40.120 --> 0:38:41.759
<v Speaker 1>was not a Californian.

0:38:41.239 --> 0:38:44.719
<v Speaker 4>Right, She was a Californian, she was from she go

0:38:45.000 --> 0:38:45.359
<v Speaker 4>up north.

0:38:45.440 --> 0:38:48.120
<v Speaker 1>Yeah, okay, so she is a Californian. But there are

0:38:48.120 --> 0:38:50.520
<v Speaker 1>cases where it won't just be California, right.

0:38:50.600 --> 0:38:54.360
<v Speaker 3>Like the next trial for Russell is he's a Florida resident,

0:38:54.440 --> 0:38:56.480
<v Speaker 3>but it's going to be here in La Superior as well.

0:38:56.640 --> 0:39:00.480
<v Speaker 2>Yep, this case from start to finish to call long.

0:39:02.360 --> 0:39:06.400
<v Speaker 3>January twenty seventh to March twenty seventh, it feels like

0:39:06.440 --> 0:39:09.800
<v Speaker 3>somewhere right around there. So about two months.

0:39:09.800 --> 0:39:12.440
<v Speaker 2>And well that was because you got a trial date.

0:39:12.480 --> 0:39:15.040
<v Speaker 1>How long did it take to like when did you know,

0:39:15.080 --> 0:39:17.879
<v Speaker 1>when did this all get formalized with discovery and all

0:39:17.880 --> 0:39:18.360
<v Speaker 1>that stuff.

0:39:19.000 --> 0:39:23.080
<v Speaker 3>Oh three and a half years, So three almost four years.

0:39:22.840 --> 0:39:24.839
<v Speaker 2>But we don't expect you to have to have three

0:39:24.920 --> 0:39:27.320
<v Speaker 2>years for each each subsequent next case.

0:39:27.840 --> 0:39:30.200
<v Speaker 3>All of the cases got worked up together for these

0:39:30.239 --> 0:39:34.680
<v Speaker 3>bell Weather cases, so the next eight cases they could

0:39:34.719 --> 0:39:37.239
<v Speaker 3>go back to back to back to back if need be.

0:39:37.920 --> 0:39:40.440
<v Speaker 3>So we're going to show up in court tomorrow and

0:39:40.560 --> 0:39:42.759
<v Speaker 3>Judge Cole is going to set the trial date for

0:39:43.360 --> 0:39:44.319
<v Speaker 3>Russell's case, and it.

0:39:44.320 --> 0:39:47.040
<v Speaker 1>Could be this will be by the time this there

0:39:47.160 --> 0:39:49.200
<v Speaker 1>is probably be later in the month, but we're we're

0:39:49.280 --> 0:39:51.759
<v Speaker 1>we're taping on four to twenty on April twentieth here,

0:39:52.840 --> 0:39:55.760
<v Speaker 1>so we'll we'll just to give people a date stamp,

0:39:55.800 --> 0:39:56.440
<v Speaker 1>yeah on this.

0:39:56.600 --> 0:40:04.279
<v Speaker 5>So eight more trials, so the judge need to get

0:40:04.280 --> 0:40:07.719
<v Speaker 5>the verdicts in all nine before she starts characterizing the

0:40:07.760 --> 0:40:10.040
<v Speaker 5>rest of the three thousand.

0:40:10.360 --> 0:40:10.839
<v Speaker 4>I don't know.

0:40:11.440 --> 0:40:15.360
<v Speaker 3>That's I think a moving target as to how she

0:40:15.520 --> 0:40:20.400
<v Speaker 3>sees things and whether there's enough information to start getting

0:40:20.440 --> 0:40:25.520
<v Speaker 3>the cases out. Her mindset is what she wants to

0:40:25.560 --> 0:40:28.600
<v Speaker 3>do is get enough rulings on all of the unique

0:40:28.680 --> 0:40:33.200
<v Speaker 3>issues so that there are essentially no unique issues that

0:40:33.360 --> 0:40:37.000
<v Speaker 3>require the knowledge base of the entire Section two thirty

0:40:37.040 --> 0:40:39.440
<v Speaker 3>work up and everything else, and then it can just

0:40:39.480 --> 0:40:43.440
<v Speaker 3>get sent to other court rooms in La Superior and

0:40:43.520 --> 0:40:46.880
<v Speaker 3>have multiple trials going at the same time. Do you

0:40:46.920 --> 0:40:50.560
<v Speaker 3>expect jury trials for all three thousand I don't.

0:40:52.320 --> 0:40:58.040
<v Speaker 4>Yeah, now, I think once there's a pattern established of

0:40:59.200 --> 0:41:01.319
<v Speaker 4>who's going to win, who's going to lose, and which

0:41:01.320 --> 0:41:05.520
<v Speaker 4>ones do you win and which ones do you lose. Realistically,

0:41:05.800 --> 0:41:09.879
<v Speaker 4>the companies that they don't need this media publicity. They

0:41:09.920 --> 0:41:12.920
<v Speaker 4>need to figure out how to get about making their money,

0:41:12.920 --> 0:41:13.640
<v Speaker 4>not spending it.

0:41:16.600 --> 0:41:18.920
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<v Speaker 1>I guess the question is you look, I mean, we're

0:43:11.719 --> 0:43:14.280
<v Speaker 1>all just spitfalling here. But if you win the first four,

0:43:16.080 --> 0:43:18.239
<v Speaker 1>one would assume they start to think about do we

0:43:18.239 --> 0:43:21.319
<v Speaker 1>need to create a settlement fund and just settle them all?

0:43:22.400 --> 0:43:25.040
<v Speaker 4>No, I certainly agree with that.

0:43:25.680 --> 0:43:30.239
<v Speaker 1>Yeah, what's the model? What what is Where is this

0:43:31.040 --> 0:43:33.400
<v Speaker 1>like tobacco? And where is this not like tobacco?

0:43:35.320 --> 0:43:39.480
<v Speaker 3>Well, it's like tobacco in the sense that they created

0:43:39.640 --> 0:43:41.560
<v Speaker 3>an addictive product by design.

0:43:42.160 --> 0:43:47.360
<v Speaker 1>Okay, like the intentionality, So there was it was intentionally

0:43:47.600 --> 0:43:51.000
<v Speaker 1>addictive and they knew it. You know, it's not something

0:43:51.040 --> 0:43:54.080
<v Speaker 1>they made and they found out it was addictive after

0:43:54.120 --> 0:43:54.560
<v Speaker 1>the fact.

0:43:54.600 --> 0:43:57.919
<v Speaker 2>And that's that'd be a slight difference here, right.

0:43:58.000 --> 0:44:02.560
<v Speaker 1>You guys are contending they they wanted to build it

0:44:02.600 --> 0:44:05.600
<v Speaker 1>to be addictive and they accomplished their task.

0:44:05.800 --> 0:44:08.880
<v Speaker 4>I would just spray with addiction by design.

0:44:09.239 --> 0:44:10.239
<v Speaker 2>Yeah, okay, all.

0:44:10.200 --> 0:44:13.279
<v Speaker 3>Right, And you know some of it I think is

0:44:13.560 --> 0:44:18.640
<v Speaker 3>irresponsible deployment of different features as well. So there may

0:44:18.680 --> 0:44:24.560
<v Speaker 3>be some circumstances where they just blindly launched certain features

0:44:25.120 --> 0:44:27.879
<v Speaker 3>and then said, hey, we don't know if it's safe

0:44:27.960 --> 0:44:31.040
<v Speaker 3>or not, but let's just try it out and our

0:44:31.080 --> 0:44:34.320
<v Speaker 3>test our test sample will be the entire child possible.

0:44:34.360 --> 0:44:35.120
<v Speaker 2>That's negligence.

0:44:35.360 --> 0:44:39.319
<v Speaker 3>That's it's negligible, yes, exactly. But then getting to the

0:44:39.360 --> 0:44:42.399
<v Speaker 3>next step, for all of the features that are part

0:44:42.400 --> 0:44:45.640
<v Speaker 3>of this case, they knew for a very long time,

0:44:45.840 --> 0:44:50.640
<v Speaker 3>So they either intentionally launched it knowing it's addictive, or

0:44:50.880 --> 0:44:55.720
<v Speaker 3>launched it negligently then found out through their internal research

0:44:55.800 --> 0:44:58.960
<v Speaker 3>that it's addictive and did nothing about it. Either way

0:44:59.040 --> 0:45:03.600
<v Speaker 3>gets to the same same point, which is intentionality in

0:45:03.640 --> 0:45:07.319
<v Speaker 3>the way that they did it. Then you've got concealment.

0:45:08.280 --> 0:45:13.040
<v Speaker 3>And this is to me, the destruction of an entire

0:45:13.280 --> 0:45:17.200
<v Speaker 3>generation of kids. And you know, I've got three boys

0:45:17.280 --> 0:45:22.319
<v Speaker 3>twenty seventeen and fourteen and looked at these things and

0:45:22.360 --> 0:45:24.680
<v Speaker 3>looked what they were doing and the harm that they

0:45:24.719 --> 0:45:32.560
<v Speaker 3>could inflict, and it's created irreparable harm. And so what

0:45:32.760 --> 0:45:36.640
<v Speaker 3>ends up happening is through the concealment, they're allowed to

0:45:36.640 --> 0:45:40.960
<v Speaker 3>get a critical massive kids using social media. I think

0:45:40.960 --> 0:45:43.520
<v Speaker 3>it's almost ninety percent of teens are using it now.

0:45:44.280 --> 0:45:47.759
<v Speaker 3>And then what do you do next. It's like, you

0:45:47.800 --> 0:45:52.359
<v Speaker 3>can't just renavigate a battleship. Turning that shit is so

0:45:52.480 --> 0:45:55.439
<v Speaker 3>hard to do and take so many layers, So now

0:45:55.480 --> 0:45:59.200
<v Speaker 3>they've got a market share and are profiting off of

0:45:59.239 --> 0:46:03.680
<v Speaker 3>it and creating this situation where it's very hard to

0:46:03.800 --> 0:46:07.960
<v Speaker 3>undo the damage and to change the narrative so that

0:46:08.280 --> 0:46:12.600
<v Speaker 3>kids stopped using it, so that they start using safe

0:46:12.640 --> 0:46:16.799
<v Speaker 3>practices and are forced to use the safe practices. And

0:46:16.840 --> 0:46:19.040
<v Speaker 3>so with each passing day, and Chuck you asked about

0:46:19.040 --> 0:46:21.800
<v Speaker 3>the four trials and whether they'd finally see the writing

0:46:21.840 --> 0:46:26.440
<v Speaker 3>on the wall. I don't know, because they're pretty happy

0:46:26.480 --> 0:46:29.840
<v Speaker 3>lining their pockets with every passing day. And the cost

0:46:29.840 --> 0:46:34.240
<v Speaker 3>of this litigation is less than the profits that they.

0:46:34.560 --> 0:46:38.440
<v Speaker 1>You're describing the Ford, the infamous Ford Pinto really is

0:46:38.640 --> 0:46:42.080
<v Speaker 1>trial right where Yeah, where the Ford Pinto was. This

0:46:42.320 --> 0:46:45.759
<v Speaker 1>for some of my younger folks, was this economy car

0:46:46.200 --> 0:46:48.880
<v Speaker 1>that when it got rear ended, it's had a design

0:46:48.960 --> 0:46:50.919
<v Speaker 1>flaw and if it got rear ended the wrong way,

0:46:51.120 --> 0:46:53.960
<v Speaker 1>it basically blew up the gas tank and it just

0:46:54.160 --> 0:46:59.000
<v Speaker 1>had this explosion. And Ford knew it, and they made

0:46:59.040 --> 0:47:04.080
<v Speaker 1>a calculation of what it would take to fix it

0:47:04.280 --> 0:47:08.400
<v Speaker 1>after the fact, and the recall versus settling claims that

0:47:08.440 --> 0:47:10.880
<v Speaker 1>were filed, and it would be cheaper to settle the

0:47:11.440 --> 0:47:12.960
<v Speaker 1>settle the file claims.

0:47:13.320 --> 0:47:15.280
<v Speaker 2>Yep, yeah, are you sure.

0:47:15.120 --> 0:47:17.480
<v Speaker 1>We're not in a situation like that already with with

0:47:17.480 --> 0:47:18.800
<v Speaker 1>with these social media companies.

0:47:19.719 --> 0:47:22.440
<v Speaker 4>I don't think we are. And and I'll give you

0:47:22.480 --> 0:47:23.560
<v Speaker 4>my reasons, and and.

0:47:24.280 --> 0:47:26.440
<v Speaker 2>Well thinks we are. The two of you disagree on this,

0:47:26.640 --> 0:47:28.080
<v Speaker 2>I guess, well, and we may.

0:47:28.320 --> 0:47:30.760
<v Speaker 4>And if so, I think he's probably right and I'm wrong,

0:47:30.880 --> 0:47:34.280
<v Speaker 4>at least historically. I'll put my my chips on him.

0:47:34.680 --> 0:47:40.359
<v Speaker 4>But uh uh, so much of these companies depend upon

0:47:40.520 --> 0:47:45.000
<v Speaker 4>PR m hm and uh. You take Google for example.

0:47:45.080 --> 0:47:50.040
<v Speaker 4>Google wants YouTube in every classroom. And Google is going

0:47:50.120 --> 0:47:53.960
<v Speaker 4>to have trouble if they repeatedly go to trial and

0:47:54.000 --> 0:48:00.160
<v Speaker 4>get hammered with juries saying they've done this maliciously, They've

0:48:00.239 --> 0:48:06.200
<v Speaker 4>done this intentionally. They're destroying children. And then Google goes

0:48:06.280 --> 0:48:09.400
<v Speaker 4>and says to the school district, hey, let us be

0:48:09.560 --> 0:48:14.560
<v Speaker 4>on all your school computers to enhance learning. That's a

0:48:15.560 --> 0:48:19.399
<v Speaker 4>that's a left hand and right hand. And the kind

0:48:19.440 --> 0:48:24.279
<v Speaker 4>of money that these companies make, settling this would be

0:48:24.320 --> 0:48:28.399
<v Speaker 4>a boon to them. It would send their stock through

0:48:28.440 --> 0:48:34.040
<v Speaker 4>the roof, it would give them PR pluses, and they

0:48:34.120 --> 0:48:37.279
<v Speaker 4>care deeply about the PR. I think they care more

0:48:37.320 --> 0:48:39.239
<v Speaker 4>about the PR than just.

0:48:39.280 --> 0:48:41.680
<v Speaker 2>The part what does that tell you you think settlement's coming.

0:48:42.880 --> 0:48:44.920
<v Speaker 4>I think it will at some point. I like your

0:48:45.120 --> 0:48:51.080
<v Speaker 4>try four cases, maybe it's eight, you know, maybe it's fifteen.

0:48:52.040 --> 0:48:55.040
<v Speaker 4>But somewhere down the road the settlement will.

0:48:55.920 --> 0:48:57.840
<v Speaker 1>Now you guys, this happened to I mean it was

0:48:57.880 --> 0:49:00.120
<v Speaker 1>like back to back days. We had the trial and

0:49:00.280 --> 0:49:03.600
<v Speaker 1>New Mexico was brought by the state government and you're

0:49:03.600 --> 0:49:05.239
<v Speaker 1>going to have states and that was a separate thing.

0:49:05.280 --> 0:49:08.520
<v Speaker 1>With tobacco, right, you had private litigation. I remember to

0:49:08.600 --> 0:49:11.560
<v Speaker 1>me that I remember the first one on tobacco that

0:49:11.640 --> 0:49:14.600
<v Speaker 1>really sort of got everybody's attentions. I think it was

0:49:14.600 --> 0:49:15.880
<v Speaker 1>the flight attendant lawsuit.

0:49:16.320 --> 0:49:16.480
<v Speaker 2>Right.

0:49:16.520 --> 0:49:19.400
<v Speaker 1>It was just sort of like, hey, they had no

0:49:19.520 --> 0:49:22.759
<v Speaker 1>way of avoiding secondhand smoke. They couldn't do it, and

0:49:22.800 --> 0:49:25.320
<v Speaker 1>look what happened. And then I think blackjack dealers were next.

0:49:25.400 --> 0:49:28.560
<v Speaker 1>Like it was like those were the two. You couldn't

0:49:29.840 --> 0:49:34.080
<v Speaker 1>dispute that they were sort of trapped with secondhand smoke

0:49:35.239 --> 0:49:42.520
<v Speaker 1>on that front. So is is there a corollary here? Yeah,

0:49:43.080 --> 0:49:45.640
<v Speaker 1>private versus public And then the state ags came in

0:49:45.880 --> 0:49:47.400
<v Speaker 1>and then they did it as sort of harmful to

0:49:47.440 --> 0:49:50.240
<v Speaker 1>their You know, what is the distinction between a private

0:49:50.239 --> 0:49:53.880
<v Speaker 1>litigation for a class that's harmed in this case teens

0:49:54.520 --> 0:49:56.600
<v Speaker 1>versus what the state ags are doing.

0:49:57.360 --> 0:49:59.440
<v Speaker 4>Well, you ought to answer this because you've got your

0:49:59.480 --> 0:50:01.200
<v Speaker 4>hands in pies pretty deep.

0:50:01.920 --> 0:50:05.839
<v Speaker 3>Yeah, So there's kind of multiple buckets going here. There's

0:50:05.880 --> 0:50:09.080
<v Speaker 3>going to be a school district trial that's happening very soon.

0:50:10.080 --> 0:50:13.720
<v Speaker 3>And then you've got the New Mexico ag who brought

0:50:13.760 --> 0:50:18.000
<v Speaker 3>that case and it was really for statutory damages for

0:50:18.320 --> 0:50:22.520
<v Speaker 3>violation of a state statute and had a lot to

0:50:22.560 --> 0:50:27.840
<v Speaker 3>do with grooming, exploitative material and exposure to children, and

0:50:27.880 --> 0:50:31.280
<v Speaker 3>that led to five thousand dollars per event and ultimately

0:50:31.320 --> 0:50:34.080
<v Speaker 3>got to three hundred and seventy five million. And so,

0:50:35.640 --> 0:50:39.760
<v Speaker 3>speaking not as the lawyer, but as a human being,

0:50:40.200 --> 0:50:44.560
<v Speaker 3>I think it's fantastic that all of these verdicts are

0:50:44.560 --> 0:50:48.680
<v Speaker 3>coming with different lenses. So you're looking at the conduct

0:50:49.120 --> 0:50:57.000
<v Speaker 3>related to harming children through exploit child exploitative material, sexual content,

0:50:57.480 --> 0:51:01.839
<v Speaker 3>grooming pedophiles, awful off full stuff. And then you've got

0:51:01.920 --> 0:51:06.640
<v Speaker 3>verdicts that are coming through the impact to children directly

0:51:07.480 --> 0:51:10.800
<v Speaker 3>through addiction, awful awful stuff. And then you're going to

0:51:10.880 --> 0:51:14.080
<v Speaker 3>have public nuisance by way of the school districts and

0:51:14.080 --> 0:51:18.600
<v Speaker 3>how it's negatively impacting education because it's just permeated the

0:51:18.640 --> 0:51:22.520
<v Speaker 3>school district. That's terrible as well. And I think all

0:51:22.560 --> 0:51:26.360
<v Speaker 3>of those things, to Mark's point, are going to create

0:51:26.480 --> 0:51:30.840
<v Speaker 3>a significant negative pr for these companies and at the

0:51:30.880 --> 0:51:34.160
<v Speaker 3>same time creating awareness where things are just going to

0:51:34.200 --> 0:51:37.319
<v Speaker 3>get shut down and there's school districts now, and there's

0:51:37.320 --> 0:51:40.359
<v Speaker 3>parents in every community that are chuck. I think even

0:51:40.400 --> 0:51:43.160
<v Speaker 3>you too, right, don't want you know.

0:51:43.200 --> 0:51:48.279
<v Speaker 1>My local community, we're starting to see homemade signs that

0:51:48.480 --> 0:51:53.759
<v Speaker 1>say tell Arlington Public schools to get to get iPads

0:51:53.760 --> 0:51:55.239
<v Speaker 1>out of the class.

0:51:55.520 --> 0:51:55.800
<v Speaker 2>Yeah.

0:51:55.960 --> 0:52:01.480
<v Speaker 3>Yeah, And that's a grassroots movement that now expanding across

0:52:01.480 --> 0:52:05.360
<v Speaker 3>the country. And these verdicts have led to that this litigation,

0:52:05.440 --> 0:52:08.720
<v Speaker 3>which started three and a half plus years ago. After

0:52:08.800 --> 0:52:11.719
<v Speaker 3>it started, the US Surgeon General came out with his

0:52:11.920 --> 0:52:15.680
<v Speaker 3>report on how harmful social media is. So it's coming

0:52:15.680 --> 0:52:17.759
<v Speaker 3>from all angles, which I think is a great thing.

0:52:18.840 --> 0:52:23.960
<v Speaker 1>Mark and Rowe play pray regula, pray regulator for me here. Okay,

0:52:25.800 --> 0:52:28.000
<v Speaker 1>let's assume I have a few members of Congress listening

0:52:28.000 --> 0:52:30.359
<v Speaker 1>to this interview. I'd like to think I do, and

0:52:30.400 --> 0:52:32.920
<v Speaker 1>they want to do something, and they want they've been

0:52:33.320 --> 0:52:37.319
<v Speaker 1>we've all been dying, Like, what is some good structure

0:52:37.640 --> 0:52:41.120
<v Speaker 1>that could be put around these tech companies? You know,

0:52:41.560 --> 0:52:44.160
<v Speaker 1>I could get extreme here. I think that all of

0:52:44.160 --> 0:52:48.400
<v Speaker 1>this stuff should be banned to twenty five. I believe

0:52:48.400 --> 0:52:50.360
<v Speaker 1>in that for sports gambling. I believe in that for

0:52:50.440 --> 0:52:53.600
<v Speaker 1>marijuana usage. I believe that for alcohol usage. That I'm

0:52:53.600 --> 0:52:56.080
<v Speaker 1>a believer. I believe all of the science that says

0:52:56.520 --> 0:52:59.319
<v Speaker 1>the brain, especially among young men versus young women. Even

0:52:59.360 --> 0:53:02.400
<v Speaker 1>but still, the twenty five is when you know your

0:53:02.800 --> 0:53:07.480
<v Speaker 1>sort of fully formed brain. So, and I will note

0:53:07.640 --> 0:53:12.680
<v Speaker 1>rental car companies, insurance companies have made it so there's

0:53:12.719 --> 0:53:15.200
<v Speaker 1>a reason they don't let anybody under twenty five rent

0:53:15.200 --> 0:53:18.560
<v Speaker 1>a car without paying through the nose on that front.

0:53:18.600 --> 0:53:24.239
<v Speaker 1>But let me set that aside actual regulatory ideas. You know,

0:53:24.520 --> 0:53:30.000
<v Speaker 1>is it the specifics that lawmakers should target to limit

0:53:30.120 --> 0:53:31.240
<v Speaker 1>social media addiction?

0:53:32.600 --> 0:53:34.960
<v Speaker 4>Well, I really like the idea of limiting it. The

0:53:35.040 --> 0:53:38.120
<v Speaker 4>problem is, I think in America that may be dead

0:53:38.160 --> 0:53:44.160
<v Speaker 4>on arrival because the power of these companies to influence

0:53:44.360 --> 0:53:45.319
<v Speaker 4>and lobby is.

0:53:45.480 --> 0:53:48.000
<v Speaker 1>Look, we have a drinking age of twenty one, We

0:53:48.080 --> 0:53:52.080
<v Speaker 1>have tobacco. You know, I'm not saying it's perfect. You know,

0:53:52.160 --> 0:53:57.040
<v Speaker 1>but we have put age requirements, we have done some things.

0:53:57.560 --> 0:54:00.520
<v Speaker 1>We usually wait till it's done, all sorts of destructive

0:54:00.560 --> 0:54:03.719
<v Speaker 1>behavior before we do it, but we do eventually do it.

0:54:04.040 --> 0:54:07.759
<v Speaker 1>And I guess what could be done without getting it

0:54:07.800 --> 0:54:09.520
<v Speaker 1>thrown out in court due to the First Amendment.

0:54:10.400 --> 0:54:13.719
<v Speaker 4>Well, I think I like your idea of putting age

0:54:13.760 --> 0:54:17.239
<v Speaker 4>limits on it. Australia is but thirteen and that made

0:54:17.239 --> 0:54:20.720
<v Speaker 4>a big deal out of everything. But I'm thinking thirteen mercy,

0:54:21.120 --> 0:54:25.400
<v Speaker 4>go for twenty one, and go for twenty five. You

0:54:25.560 --> 0:54:28.440
<v Speaker 4>add to it. You know, if I were a legislator,

0:54:29.280 --> 0:54:32.520
<v Speaker 4>I would get rid of Section two thirty right now.

0:54:32.520 --> 0:54:36.160
<v Speaker 4>These companies can put porn on there to anybody at

0:54:36.160 --> 0:54:39.319
<v Speaker 4>any age and you can't hold them accountable. And I

0:54:39.360 --> 0:54:42.120
<v Speaker 4>would get rid of two thirty protection for these companies

0:54:42.120 --> 0:54:45.400
<v Speaker 4>in a heartbeat. The sad part is these companies have

0:54:45.480 --> 0:54:49.560
<v Speaker 4>written their own legislation as it's like Protect the Kids

0:54:49.600 --> 0:54:53.000
<v Speaker 4>Act Kids and it does, Yeah, all it does is

0:54:53.080 --> 0:54:56.200
<v Speaker 4>give them free get out of jail cards. And so

0:54:57.600 --> 0:55:01.560
<v Speaker 4>you don't want to hand over police to the industry.

0:55:02.320 --> 0:55:04.440
<v Speaker 4>You got to do something roll I.

0:55:04.360 --> 0:55:09.319
<v Speaker 3>Don't know, so just some real simple things. So I

0:55:09.320 --> 0:55:11.880
<v Speaker 3>agree one hundred percent with mark. They need to be

0:55:12.080 --> 0:55:15.880
<v Speaker 3>accountable and responsible and repealing Section two thirty is a

0:55:15.920 --> 0:55:19.239
<v Speaker 3>part of forcing responsible behavior on the part of these

0:55:19.280 --> 0:55:26.280
<v Speaker 3>social media companies. But looking at as crazy as it sounds, China, okay,

0:55:26.400 --> 0:55:30.359
<v Speaker 3>TikTok in China, it's called dough yin And here's what

0:55:30.400 --> 0:55:33.080
<v Speaker 3>they have. They have age modeling, so there's age verification

0:55:33.600 --> 0:55:36.719
<v Speaker 3>to make sure that kids are treated like kids. And

0:55:36.920 --> 0:55:39.200
<v Speaker 3>as part of that, if you use it for just

0:55:39.280 --> 0:55:43.040
<v Speaker 3>several minutes, you're forced to rest. You have to get

0:55:43.080 --> 0:55:46.000
<v Speaker 3>off of it. It won't work anymore. They have a

0:55:46.040 --> 0:55:51.240
<v Speaker 3>forty minute daily limit. After forty minutes you're done nighttime curfew.

0:55:51.560 --> 0:55:53.160
<v Speaker 3>You can't use it at night because you need to

0:55:53.200 --> 0:55:56.640
<v Speaker 3>get your rest at night. All of the things that oh,

0:55:56.680 --> 0:55:59.960
<v Speaker 3>even in the endless scroll you know this slot machine

0:56:00.080 --> 0:56:03.040
<v Speaker 3>effect of just keep swipe, swipe, swipe, It has a

0:56:03.200 --> 0:56:05.800
<v Speaker 3>it has a lag in between each time you swipe

0:56:05.800 --> 0:56:08.120
<v Speaker 3>it so that your mind actually doesn't get into that

0:56:08.160 --> 0:56:13.200
<v Speaker 3>slot machine. Endless reward and intermittent reward system. There's already

0:56:13.280 --> 0:56:17.560
<v Speaker 3>things that exist in other countries that people know to

0:56:17.640 --> 0:56:20.880
<v Speaker 3>be safe practices that can be implemented here. But I

0:56:20.960 --> 0:56:25.040
<v Speaker 3>really think with technology in particular, there has to be

0:56:25.600 --> 0:56:30.200
<v Speaker 3>a responsibility shifted onto the companies to continue to be vigilant,

0:56:30.800 --> 0:56:33.879
<v Speaker 3>and their failure to do so and do best practices

0:56:34.440 --> 0:56:36.799
<v Speaker 3>is something that has to hit them where it hits

0:56:36.840 --> 0:56:40.480
<v Speaker 3>them the hardest, which is in their in their shareholder

0:56:40.560 --> 0:56:42.440
<v Speaker 3>price and their in their bank book. No.

0:56:42.600 --> 0:56:44.120
<v Speaker 1>I mean, and this is sort of why I I

0:56:44.480 --> 0:56:47.359
<v Speaker 1>sort of I keep using the rental car companies as

0:56:47.400 --> 0:56:51.160
<v Speaker 1>an interesting example because there's no law that says you

0:56:51.200 --> 0:56:54.400
<v Speaker 1>have to be twenty five to rent a car. You don't, right,

0:56:54.640 --> 0:56:57.840
<v Speaker 1>Actually you can be younger. It's the rental car companies

0:56:57.840 --> 0:57:01.680
<v Speaker 1>that won't ensure you unless you're twenty five and won't

0:57:01.719 --> 0:57:05.640
<v Speaker 1>allow it to carry over. And I just wonder, like,

0:57:06.000 --> 0:57:07.880
<v Speaker 1>is you know this is why I always say in

0:57:08.160 --> 0:57:10.920
<v Speaker 1>a true free market, free system, you have to have

0:57:11.000 --> 0:57:14.279
<v Speaker 1>private civil litigation or you'll never get you'll never have,

0:57:14.640 --> 0:57:17.240
<v Speaker 1>you know, be able to have full accountabilities, right because

0:57:17.760 --> 0:57:20.400
<v Speaker 1>you have government cap regulatory capture with the government that

0:57:20.440 --> 0:57:23.160
<v Speaker 1>Mark was just describing right now of how they sort

0:57:23.200 --> 0:57:25.520
<v Speaker 1>of get to write the legislation for the Protect Kids

0:57:25.520 --> 0:57:30.760
<v Speaker 1>Act things like that. Is there a is there an

0:57:30.840 --> 0:57:32.960
<v Speaker 1>equivalent here? I mean, you guys think if there's an

0:57:33.400 --> 0:57:35.480
<v Speaker 1>You know, if you extract enough financial pain, they're just

0:57:35.480 --> 0:57:38.040
<v Speaker 1>going to change because they're tired of losing these lawsuits.

0:57:39.760 --> 0:57:43.600
<v Speaker 4>I think too. I think that's what we see. You

0:57:44.000 --> 0:57:48.880
<v Speaker 4>used four ginto as an example. Very clearly. The financial

0:57:48.880 --> 0:57:51.520
<v Speaker 4>analysis of how much we lose in a lawsuit was

0:57:51.560 --> 0:57:56.240
<v Speaker 4>done by Ford, It's done by everybody. What's our exposure?

0:57:56.840 --> 0:58:00.760
<v Speaker 4>Insurance companies asked the same question. Car rental companies ask

0:58:00.840 --> 0:58:04.200
<v Speaker 4>the same question that if car rental companies can make

0:58:04.320 --> 0:58:06.640
<v Speaker 4>more by renting out a car to a twenty year

0:58:06.680 --> 0:58:09.160
<v Speaker 4>old or an eighteen year old or a sixteen year old,

0:58:09.240 --> 0:58:11.680
<v Speaker 4>they do it in a heartbeat. Well, they know financially

0:58:11.720 --> 0:58:14.240
<v Speaker 4>they're going to lose money, right, And that's what you've

0:58:14.240 --> 0:58:17.280
<v Speaker 4>got to do with these companies. That's their language.

0:58:19.600 --> 0:58:23.800
<v Speaker 3>And the other problem and part of it, candidly, I

0:58:23.840 --> 0:58:28.480
<v Speaker 3>think that it's going to require the Congress and send

0:58:28.560 --> 0:58:32.480
<v Speaker 3>it to do something, because what you're going to see

0:58:32.520 --> 0:58:36.760
<v Speaker 3>is if somebody makes a move to be engaged in

0:58:36.760 --> 0:58:41.440
<v Speaker 3>a safer, safer practice for children, nobody else is. So

0:58:41.560 --> 0:58:44.760
<v Speaker 3>let's just say TikTok does something because it's the right.

0:58:44.600 --> 0:58:45.080
<v Speaker 2>Thing to do.

0:58:45.280 --> 0:58:49.560
<v Speaker 3>And this hypothetical world I'm offering Okay, you think Instagram,

0:58:50.040 --> 0:58:53.920
<v Speaker 3>Meta YouTube and Snap are going to follow along or

0:58:53.960 --> 0:58:56.760
<v Speaker 3>are they going to just reap the market share at

0:58:56.760 --> 0:58:59.800
<v Speaker 3>the expense of TikTok and so people are not better

0:58:59.840 --> 0:59:03.439
<v Speaker 3>off for it? And uh and so none of these

0:59:03.480 --> 0:59:06.680
<v Speaker 3>companies are going to consistently do the right thing unless

0:59:07.320 --> 0:59:09.120
<v Speaker 3>unless there's somebody forcing.

0:59:08.840 --> 0:59:09.439
<v Speaker 4>Them to do it.

0:59:11.280 --> 0:59:15.040
<v Speaker 3>And your appeal tatop is always application the appeals.

0:59:15.160 --> 0:59:17.440
<v Speaker 1>They're going to appeal what happened? Tell me about the

0:59:17.480 --> 0:59:20.720
<v Speaker 1>appeal process. Do you expect is this gonna you think

0:59:20.720 --> 0:59:21.400
<v Speaker 1>they're going to do?

0:59:21.760 --> 0:59:22.280
<v Speaker 2>Is this through?

0:59:23.080 --> 0:59:25.080
<v Speaker 1>So it's federal court, so it's going to go circuit?

0:59:25.120 --> 0:59:26.680
<v Speaker 1>Then do you expect have to go all the way

0:59:26.720 --> 0:59:27.040
<v Speaker 1>to spring?

0:59:28.040 --> 0:59:30.880
<v Speaker 4>This is actually a state court? Uh? Trial verdict?

0:59:31.000 --> 0:59:32.680
<v Speaker 2>So this is a this is a state court even

0:59:32.680 --> 0:59:33.400
<v Speaker 2>though it's federal.

0:59:34.800 --> 0:59:39.120
<v Speaker 3>It's a federal statute that they're asserting as a defense case.

0:59:39.400 --> 0:59:42.200
<v Speaker 1>Okay, so it's a state court case. So you expect

0:59:42.200 --> 0:59:43.560
<v Speaker 1>this to go through the state Supreme Court.

0:59:44.360 --> 0:59:47.360
<v Speaker 3>That's that's their intention. And then if it if it

0:59:47.600 --> 0:59:50.160
<v Speaker 3>ends in the state Supreme Court being affirmed, and I

0:59:50.200 --> 0:59:52.480
<v Speaker 3>expect they're going to try and get it to the

0:59:52.640 --> 0:59:53.920
<v Speaker 3>United States Supreme Court.

0:59:54.560 --> 0:59:59.640
<v Speaker 2>What would be the what's there? What what what?

0:59:59.680 --> 1:00:03.840
<v Speaker 1>Why would they just access it or what's their appeal

1:00:03.920 --> 1:00:06.480
<v Speaker 1>or have they not filed? What they're why they say

1:00:06.480 --> 1:00:09.960
<v Speaker 1>the verdict was wrongly wrongly given.

1:00:10.640 --> 1:00:13.160
<v Speaker 3>Yeah, So the process is, it starts with emotion for

1:00:13.240 --> 1:00:16.240
<v Speaker 3>new trial, which has not yet been filed, and then

1:00:16.720 --> 1:00:21.000
<v Speaker 3>after that's ruled upon, then the appellate process starts through

1:00:21.160 --> 1:00:24.840
<v Speaker 3>a notice of appeal, and then once the notice is filed,

1:00:25.640 --> 1:00:28.000
<v Speaker 3>then I think it's either sixty or ninety days than

1:00:28.040 --> 1:00:32.320
<v Speaker 3>the appellate briefing gets filed, and then only after it's

1:00:32.360 --> 1:00:36.320
<v Speaker 3>fully briefed, which could take upwards of a year, and

1:00:36.400 --> 1:00:38.920
<v Speaker 3>then it gets calendared for argument in the Court of

1:00:38.960 --> 1:00:42.840
<v Speaker 3>Appeal then and so you're probably about a year and

1:00:42.840 --> 1:00:47.640
<v Speaker 3>a half ish in before that's actually heard. And then

1:00:47.680 --> 1:00:50.040
<v Speaker 3>after the Court of Appeal issues it's ruling, which it

1:00:50.080 --> 1:00:52.360
<v Speaker 3>has a period of time to do, then they can

1:00:52.400 --> 1:00:55.680
<v Speaker 3>seek review from the United or from the California Supreme Court.

1:00:56.480 --> 1:00:58.680
<v Speaker 3>If the Supreme Court then hears it, that takes a

1:00:58.720 --> 1:01:02.480
<v Speaker 3>period of time, and then after that they have an opportunity,

1:01:03.000 --> 1:01:06.680
<v Speaker 3>there may be an opportunity for them to seek relief

1:01:06.720 --> 1:01:08.479
<v Speaker 3>from this United States Supreme Court.

1:01:10.400 --> 1:01:14.600
<v Speaker 1>So I'm like doing the math in my head twenty

1:01:14.680 --> 1:01:19.800
<v Speaker 1>thirty twenty thirty two. Like Mark, there's resolution, some resolution

1:01:19.880 --> 1:01:24.320
<v Speaker 1>ten years okay, And that look tobacco took That's why

1:01:24.320 --> 1:01:26.600
<v Speaker 1>I was making that. I think the first tobacco cases

1:01:26.640 --> 1:01:32.880
<v Speaker 1>were in the seventies. I don't remember from early eighties.

1:01:32.920 --> 1:01:35.040
<v Speaker 1>Like I said, I remember the early flight attendant one

1:01:35.040 --> 1:01:37.440
<v Speaker 1>when they just got rid of smoking sections and airplanes.

1:01:38.320 --> 1:01:40.040
<v Speaker 1>Any of us that were old enough to remember, those

1:01:40.320 --> 1:01:44.280
<v Speaker 1>were just the most ridiculous, as if you weren't going

1:01:44.320 --> 1:01:46.560
<v Speaker 1>to have any smoke in rose one through eighteen, but

1:01:46.680 --> 1:01:49.880
<v Speaker 1>after you know, you know, smoking nineteen and back luck

1:01:49.920 --> 1:01:56.000
<v Speaker 1>with that all right, Well by then you're going to

1:01:56.040 --> 1:01:58.720
<v Speaker 1>be well, we'll all be getting Instagram in our brain, right.

1:02:00.600 --> 1:02:01.040
<v Speaker 4>Yeah, I know.

1:02:01.240 --> 1:02:04.480
<v Speaker 3>I mean, look, technology is something that, as you know,

1:02:04.600 --> 1:02:08.720
<v Speaker 3>with the AI coming on the heels of this, it

1:02:08.800 --> 1:02:10.880
<v Speaker 3>only highlights how much we need to be ahead of

1:02:11.480 --> 1:02:14.720
<v Speaker 3>ahead of it, as opposed to waiting inside.

1:02:15.720 --> 1:02:16.520
<v Speaker 2>There are the regulators.

1:02:16.560 --> 1:02:18.919
<v Speaker 1>And by the way, on section two thirty, the minute

1:02:18.960 --> 1:02:22.600
<v Speaker 1>they create an algorithm, they've become a publisher. I don't

1:02:22.600 --> 1:02:25.240
<v Speaker 1>think section two thirty applies to any other stuff anymore.

1:02:25.800 --> 1:02:30.040
<v Speaker 1>They've created way too many things. If they have created

1:02:30.080 --> 1:02:33.400
<v Speaker 1>an accelerant for me to see somebody's content, they're also

1:02:33.400 --> 1:02:34.000
<v Speaker 1>a publisher.

1:02:35.720 --> 1:02:35.959
<v Speaker 2>Yep.

1:02:36.040 --> 1:02:39.840
<v Speaker 4>So well, I don't even know for you for Supreme Court.

1:02:41.400 --> 1:02:45.600
<v Speaker 1>I mean I have Look, you know, when you decide

1:02:45.600 --> 1:02:48.120
<v Speaker 1>if something's above the fold and below the fold, you're

1:02:48.160 --> 1:02:52.360
<v Speaker 1>a publisher. Well, an algorithm is deciding what's above the

1:02:52.360 --> 1:02:56.240
<v Speaker 1>fold or below the fold. So I don't even think,

1:02:56.320 --> 1:02:58.880
<v Speaker 1>like I as much as two thirty is a good boogeyman,

1:02:59.600 --> 1:03:03.720
<v Speaker 1>I think there's I think there's actually still some arguments

1:03:03.720 --> 1:03:06.880
<v Speaker 1>to be made that it's just Section two thirties null

1:03:06.920 --> 1:03:07.280
<v Speaker 1>and void.

1:03:07.280 --> 1:03:11.800
<v Speaker 2>The minute you create an algorithm. I like the way

1:03:11.840 --> 1:03:12.600
<v Speaker 2>you think, go for it.

1:03:12.680 --> 1:03:15.000
<v Speaker 1>Yeah, well, if it works, then then can I get

1:03:15.040 --> 1:03:16.080
<v Speaker 1>a free law degree somewhere.

1:03:16.160 --> 1:03:17.840
<v Speaker 4>I don't have to say it if it works. If

1:03:17.880 --> 1:03:20.400
<v Speaker 4>it works, we will come on your podcast and tell

1:03:20.520 --> 1:03:24.800
<v Speaker 4>everyone this was the Chuck tod podcast.

1:03:24.880 --> 1:03:29.000
<v Speaker 1>There it is, there is we created new law, new

1:03:29.080 --> 1:03:34.480
<v Speaker 1>legal doctrine. Here, Mark and Rahul, this was great. I

1:03:34.480 --> 1:03:38.680
<v Speaker 1>think there's here's the thing. We like these products. We

1:03:38.720 --> 1:03:41.360
<v Speaker 1>just don't want them to be predatory. There are good

1:03:41.360 --> 1:03:45.120
<v Speaker 1>things about them. Just stop trying to like make it

1:03:45.320 --> 1:03:48.200
<v Speaker 1>twenty four hours of our life exactly.

1:03:49.440 --> 1:03:51.000
<v Speaker 2>I mean, I like a good steak.

1:03:51.160 --> 1:03:53.200
<v Speaker 1>I don't want it every hour of the day or

1:03:53.240 --> 1:03:54.200
<v Speaker 1>I'm gonna have a heart attack.

1:03:54.840 --> 1:03:57.720
<v Speaker 4>Yeah, and that was our position with the jury. We

1:03:57.720 --> 1:04:02.520
<v Speaker 4>were very honest. We said, hey, these can be useful tools.

1:04:03.480 --> 1:04:07.560
<v Speaker 4>We can enjoy these tools, but it doesn't mean that

1:04:07.600 --> 1:04:11.360
<v Speaker 4>they're allowed to addict our vulnerable children on purpose.

1:04:11.880 --> 1:04:13.960
<v Speaker 1>But the good news is this will appear on YouTube,

1:04:14.000 --> 1:04:16.080
<v Speaker 1>so let's see how well the algorithm does and making

1:04:16.080 --> 1:04:18.480
<v Speaker 1>sure we get to see all of this. Gentlemen, I

1:04:18.520 --> 1:04:19.040
<v Speaker 1>learned a lot.

1:04:19.200 --> 1:04:19.919
<v Speaker 2>Thank you so much.

1:04:20.000 --> 1:04:21.240
<v Speaker 4>Good luck on these cases.